Venky 18 May 2023

Clarification required on Maintenance Charges

I am Venkatesh. I have bought a plot in Bangalore. I have asked broker, is there any maintainance charges for the layout which I have bought plot. But broker said there is no maintainance charges. When I attended the meeting with layout builder he said there was maintainance charges is pending since 2003 to till date which comes to 1lakh. Please clarify the below points.
1) I need to pay the amount or if I pay the amount what are the precautions needs to be taken in future for obtaining NOC.
2) Is there any possibility to recover the maintenance charges from the previous buyer. I am the 4th party.

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 18 May 2023

If your seller has not paid the maintenance amount, then you may have to pay the same and recover the same from your seller towards the charges prior to your purchase.

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Venky 18 May 2023

Hi Kalaiselvan sir. Thanks for your reply. I have tried to call seller but he is not picking the call. However all the amount has been settled to seller. I came to know that seller has not paid the maintainance amount later. Please can you suggest me what are the points needs to be considered while obtaining NOC from builder.

Sidhhi 18 May 2023

It happens in most resale deeds seller don't clear the dues. In your case you have blindly relied on the broker instead of confirming with the developer or society beforehand and in writing. Consider it a lesson for future dealing and pay the amount in arrears.

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Venky 18 May 2023

Yes agree blindly trusted local broker. He is my uncle too. What are points needs to be considered while obtaining NOC from builder after paying the arrears.

Dr J C Vashista (Advocate) 19 May 2023

Obtain written (not oral) NOC from builder / vendor with all original chain of title, property tax receipts, maintenance receipts, no encumbrance certificate/ endorsement qua free from attachment, lien or mortgage and no other sale transaction against the property.

It is better to seek professional service of a local prudent lawyer.

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T. Kalaiselvan, Advocate (Advocate) 20 May 2023

Believe you are satisfied with the proper answers given to your subsequent questions.

If you still want to clarify anymore details you can revert

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